SCHEDULES

SCHEDULE 6Community electricity right regulations

PART 1The right to buy

Buying a stake

I111

1

Right to buy regulations must make provision about the procedure for exercising the right to buy in relation to a qualifying facility (the “purchase procedure”).

2

The purchase procedure must identify what stake or stakes—

a

the individuals resident in the community, and

b

the groups connected with the community,

may buy through the right to buy.

3

The regulations may require the designated promoter or facility operator to conduct the purchase procedure.

4

The purchase procedure must identify the period of time during which stakes in a qualifying facility may be applied for (the “application period”).

5

The purchase procedure must secure that the application period does not begin until after planning consent has been given for the development of the qualifying facility.

6

Here “planning consent” means whichever of the following is, or are, needed for that facility to be developed—

a

development consent under the Planning Act 2008;

b

planning permission under Part 3 of the Town and Country Planning Act 1990;

c

a marine licence under the Marine and Coastal Access Act 2009;

d

consent of the Scottish Ministers under section 36 of the Electricity Act 1989;

e

planning permission under the Town and Country Planning (Scotland) Act 1997;

f

a marine licence under Part 4 of the Marine (Scotland) Act 2010.